RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20050018061


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that:

      a.  He be granted 4 years, 5 months, and 6 days of constructive
service credit (CSC) for his prior active service as a Physician Assistant
(PA) Warrant Officer.

      b.  His dates of rank, times in grade, and pay and allowances be
adjusted.

      c.  His records go before a Lieutenant Colonel selection board for
promotion consideration to O-5.

2.  The applicant states, in effect:

      a.  He received 4 years CSC for his medical school education, but his
active service as a PA should also have been included.

      b.  The Office of The Surgeon General (OTSG) granted CSC in 2001 and
2002 to two other Medical Corps (MC) officers who had active service as
PAs.  These two officers have subsequently been promoted to Lieutenant
Colonel.

      c.  The previous OTSG action awarding CSC for PA service established
a precedent which should be honored in his case.

3.  The applicant states that his CSC for active duty grade determination
after medical school was erroneously calculated as 4 years, 0 months, and 0
days.  He continues that it should have been 8 years, 5 months, and 6 days
and that the error has delayed his consideration for promotion to Major and
Lieutenant Colonel

4.  The applicant provides:

      a.  A copy of his appointment orders.

      b.  Two copies of his assignment orders.

      c.  A copy of DA Form 1059 (Service School Academic Evaluation
Report).
      d.  Three copies of DA Forms 67-8 (U.S. Army Officer Evaluation
Report).

      e.  A copy of his DD Form 214 (Certificate of Release or Discharge
from Active Duty).

      f.  A copy of DA Form 1506 (Statement of Service for Computation of
Length of Service for Pay Purposes).

      g.  Two copies of request for amendment to orders of two PA Soldiers.

CONSIDERATION OF EVIDENCE:

1.  The applicant's  military records show that he enlisted on 27 February
1979.  He completed basic combat training and advance individual training
and was awarded the military occupational specialty (MOS) 91B10 (Medical
Specialist).  He held the rank/grade of Sergeant First Class/E-7 when he
was honorably separated on 19 March 1987 and subsequently ordered to active
duty as a Warrant Officer, US Army Reserve.

2.  The applicant was appointed as a Warrant Officer One (WO1), MC, USAR,
effective 20 March 1987, in order to attend the Military PA Course, Phase
II.

3.  On 22 April 1988, the applicant completed the Military PA Course, Phase
II and was promoted to Chief Warrant Officer Two (CW2).  He served as a PA
until he left active duty on 25 August 1991 to attend medical school under
the Health Professions Scholarship Program (HPSP).

4.  The applicant graduated medical school and was appointed a Captain, MC,
USAR, effective 20 March 1995.  He was awarded 4 years, 0 months, and 0
days of CSC for his medical school attendance.

5.  The applicant was ordered to active duty on 12 June 1995 to complete
his active duty service obligation.  He was assigned to William Beaumont
Army Medical Center, El Paso, TX to complete his internship and residency
requirements.  He is currently serving on active duty at Fort Sam Houston,
TX.

6.  OTSG Memorandum, dated 6 August 2001, requests the Army Reserve
Personnel Center (ARPERCEN) amend orders A-03-003304, dated 27 March 1997,
to reflect that CPT H receive 9 years, 8 months, 16 days constructive
credit for active duty grade determination.

7.  OTSG Memorandum, dated 14 March 2002, requests the Army Reserve
Personnel Center (ARPERCEN) amend orders A-04-003283A01, dated 24 February
1997, to reflect that MAJ W receive 7 years, 9 months, 17 days constructive
credit for active duty grade determination instead of 6 years, 8 months, 0
days.

8.  In the processing of this case, a 28 February 2006 advisory opinion was
obtained from the Chief, Graduate Medical Education Division, OTSG, Falls
Church, VA which recommends the applicant receive one half day of credit
for each day served as a PA Warrant Officer.  The advisory opinion,
therefore, recommended granting the applicant 2 years, 2 months, and 10
days of CSC.

9.  The advisory opinion was questioned by the staff of the Army Board for
Correction of Military Records (ABCMR) and, on 28 June 2006, the Chief,
Graduate Medical Education Division, OTSG issued a revised advisory opinion
stating:

      DoD [Department of Defense] Policy under DoD Directive  (sic)  6000.13
      [Medical  Manpower  and  Personnel]  is  the  governing  directive  in
      granting prior service credit.  In  accordance  with  this  directive,
      paragraph 6.1.1, Prior Commissioned Service Credit, “credit for  prior
      service as a  commissioned  officer  (other  than  as  a  commissioned
      warrant officer) shall be granted to recognize  previous  commissioned
      experience....”

The revised opinion recommended the applicant's request for additional CSC
be denied.

10.    The applicant was provided an opportunity to respond to the advisory
opinion and did so in a letter on 15 July 2006.  He argues that he served
as a Warrant Officer PA on active duty, just as LTC H and LTC W had served.
 Those two officers received CSC for their Warrant Officer PA service.  He
further argues that DoD Instruction 6000.13 provided that credit would be
given to "other than commissioned warrant officers" and asserts that
Warrant Officers are not commissioned officers until they are promoted to
the rank of CW2.  He concludes that he should receive credit; that this
issue only applies to three officers in the entire United States Army and
two of them have already been granted credit; and that previously
established precedent should apply.  He requests relief.

11.  DODI 6000.13, dated 30 June 1997, Medical Manpower and Personnel,
issued by the Assistant Secretary of Defense (Health Affairs) provides for
the granting of constructive service credit for health professions
officers.  Paragraph 6.1.1. (Prior Commissioned Service Credit) provides,
in pertinent part, that credit for prior service as a commissioned officer
(other than a commissioned warrant officer) shall be granted to recognize
previous commissioned experience, while maintaining cognizance of the level
of professional knowledge, skill, and experience required at specific rank
levels of each health profession.

12.  Army Regulation 135-101, prescribes the policies, procedures, and
eligibility criteria for appointment of commissioned officers in the
Reserve in the six branches of the Army Medical Department.  This
regulation specifies that grade and date of appointment upon original
appointment and assignment to an AMEDD branch will be determined by the
number of years of entry grade credit awarded.  Entry grade credit granted
will be the sum of constructive CSC and credit for prior active
commissioned service and computation will be completed at the US Army
Medical Department Personnel Support Agency.  CSC will be granted for
periods of professional training and experience accrued after receipt of
the basis qualifying degree.  Entry grade credit of 4 years or more, but
less than 14 years provides the entry grade of captain.  Authorized credit
in excess of the minimum required for appointment to the appropriate grade
will be used to adjust the date of rank within the grade.

13.  Army Regulation 135-101, also specifies that an individual that
completes an educational program which would qualify for constructive
service credit while a commissioned officer either on active duty or in an
active status will be treated as having "CSC" for the period during which
he or she pursued that education program.  An individual that completes an
educational program for the basic qualifying degree while a commissioned
officer either on active duty or in an active status will be treated as
having "CSC" for the full amount of 4 years for a basic qualifying degree
(Credit is given only for the highest degree achieved in a particular
field).  The periods treated as "CSC" will not be treated as "prior active
commissioned service" in the computation of credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be granted CSC for his PA Warrant
Officer service for active duty grade determination.

2.  The applicant believes that his service as a WO1 is qualifying service
because WO1 is not a "commissioned warrant officer."  The applicant is
misinterpreting DODI 6000.13.  That document specifies that credit for
prior service shall be granted only to commissioned officers and
specifically excludes commissioned warrant officers.  Therefore, all
warrant officers are excluded from participation.

3.  The applicant contends that precedence dictates the ABCMR grant his
request for CSC.  The ABCMR has no records pertaining to the two officers
mentioned by the applicant as having been granted CSC.  There is no
precedence.

4.  The Chief, Graduate Medical Education Division, OTSG, has stated that
errors were made in 2001/2002 in granting CSC to the two officers
identified by the applicant.  The Board does not consider error to be
precedent setting.

5.  The applicant’s calculation of CSC was accomplished in accordance with
applicable law and regulations.  The assignment of 4 years of CSC is
correct and the applicant has provided no evidence to the contrary.  Two
other officers may have received a benefit through error, but this action
does not justify a continuation of that error.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ena___  __rml___  __rom___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

                                        Eric N. Anderson
                                  ______________________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050018061                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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